The Supreme Court of Canada in Ottawa on Tuesday, July 10, 2012. THE CANADIAN PRESS/Sean Kilpatrick

Supreme Court sets rules on arrests in case of detained Ontario protester

The unanimous decision says such an arrest is not justifiable

The Supreme Court of Canada says police don’t have the power to arrest anyone acting lawfully simply to prevent a possible outbreak of violence or disorder.

The unanimous decision says such an arrest is not justifiable in cases where someone has not and is not about to commit an offence, and there are less intrusive means available to police to keep the peace.

Today’s ruling stems from a case when Ontario police arrested Randy Fleming at a counter-protest over an Indigenous land dispute in 2009, even though he had not committed any offence.

Fleming successfully argued at trial that police unlawfully detained him, used excessive force and violated his charter right to free expression.

The Ontario Court of Appeal subsequently ruled that police had the power to arrest Fleming, but ordered a new trial on the question of whether excessive force had been used.

In the ruling today, the Supreme Court upholds the original trial judge’s decision, concluding Fleming’s arrest was not authorized and there was no justification for ordering a new trial.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Control of Parliament could rest on a handful of ridings – including Agassiz and Harrison’s

UFV political science professor says Mission-Matsqui-Fraser Canyon result could play key role

Drivers warn of slippery conditions on the Coquihalla

Snow is falling at the Summit of the Coquihalla

Three-hour parking coming to Agassiz’s Pioneer Avenue

The three-hour parking spots will be along Pioneer Park in the downtown area

Chilliwack man pleads guilty in crash that killed pregnant woman

Frank Tessman charged under Motor Vehicle Act for accident that killed Kelowna school teacher

VIDEO: Mansbridge documentary to feature Hope, B.C.

New CBC film focuses on how Canadians are feeling prior to federal election

VIDEO: Agassiz lights candles in memory of missing, murdered Indigenous women

The Sisters in Spirit vigil took place at the Agassiz United Church

Zantac, the over-the-counter heartburn drug, pulled in Canada, U.S.

Health Canada also investigates possible carcinogen in some ranitidine drugs

$50,000 reward for ‘extremely violent’ South Surrey murder suspect renewed

Offer for information on Brandon Teixeira to remain in effect through April, 2020

B.C. public safety minister says cannabis edibles not in stores til January

Mike Farnworth says he wants regional issues considered when it comes to licensing

Greta Thunberg calls for climate action in Alberta, but doesn’t talk oilsands

Swedish teen was met with some oil and gas industry supporters who came in a truck convoy

Scheer denies spreading ‘misinformation’ in predicting unannounced Liberal taxes

Conservative leader had claimed that a potential NDP-Liberal coalition could lead to a hike in GST

Council asks to limit cruise ship visits to Victoria harbour

Mayor says motion is not meant to curtail current visits or limit local cruise industry expansion

Kawhi Leonard, former Toronto Raptor, welcomed back to Vancouver at pre-season game

Fans go wild at pre-season game between L.A. Clippers and Dallas Mavericks at Rogers Arena

Greens and NDP go head to head on West Coast; Scheer takes fight to Bernier

Trudeau turns focus to key ridings outside Toronto after two days in Quebec

Most Read